A will is a document that guarantees that your wishes will come true after you pass away. However, issues can arise after your death if your will contains mistakes. These mistakes can cause emotional and financial challenges to your beneficiaries.

Here are some mistakes you should avoid when crafting your will.

1. Failure to Name an Executor

Your attorney will advise you to name a personal representative who will administer and distribute your assets when you are gone. The executor also protects your property against mismanagement and settles any outstanding taxes and debts of your estate. The executor must also inform your heirs or beneficiaries of the will's contents. And if the matter ends up in probate court, the executor will represent your estate throughout the probate process.

If you fail to name an executor, your friends, a relative, or an interested party may ask the court to name them the administrator. If the court agrees, the person will get letters of administration and start distributing your assets. The court can also appoint anybody to become an administrator of your estate if nobody asks to take up that role. Either way, the administrator may fail to administer the estate according to your wishes.

2. Failure to be Specific

If you write the will yourself or get help from an inexperienced attorney, your will may contain ambiguous language. These ambiguities may not become apparent until after you die, causing confusion and havoc for your beneficiaries and heirs. The two main types of ambiguities are patent ambiguities and latent ambiguities.

A patent ambiguity is when the will's wording is ambiguous or has different interpretations. For example, you might bequeath your house to your spouse in a part of the will and bequest the same house to your daughter in another part of the will. Another typical example of patent ambiguity is when you distribute your assets in percentages, but the percentages do not total to 100.

Your will may also contain a latent ambiguity where the wording is specific but may have different meanings. For example, you might bequeath your house to your niece, Mary, but you have many nieces named Mary. You may also make the mistake of naming people using their nicknames instead of their legal names.

3. Failure to Establish a Bloodline Trust

Many things can go wrong when you leave your inheritance to your children. For example, your child's creditors can file a lawsuit and take away your child's inheritance. If your child gets married and dies, their inheritance will end up in the hands of the spouse, who may be a stranger to you. Your child's spouse can also get part of the inheritance during a divorce.

The solution is to establish a bloodline trust which dictates that your blood descendants are the only ones who can use your assets. Bloodline trusts help you to protect your hard-earned assets but also give your children and their descendants control over the assets. Bloodline trusts are technically revocable trusts that will break into several trusts for each of your children. Each separate trust will benefit a specific child and their descendants.

4. Failure to Store the Will Properly

The common practice has been to store your will with your attorney, but this can present various challenges. If your attorney dies or stops practicing law, somebody has to track you down to give you the will. The process can be complicated if you have moved out of town or even left the country.

Your attorney will work out the best storage solution with you, as ideal will storage varies depending on state laws and the state of filing systems at your county court.

The best way to avoid mistakes is to work with an attorney that understands estate law. Kisner Law Firm is a legal agency that can help draft flexible documents to suit your unique goals and situation. Contact us for more information.